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15. Conformance to Applicable Laws. Consultant shall comply <br />with all applicable Federal, State, and municipal laws, rules, and <br />ordinances. No discrimination shall be made by Consultant in the <br />employment of persons to work under this contract because of race, <br />color, national origin, ancestry, sex or religion of such person. <br />Consultant shall comply with provisions of City's Affirmative <br />Action Contract Compliance Program. <br /> <br /> 16. Waiver. In the event that either City or Consultant shall <br />at any timeor times waive any breach of this Agreement by the other, <br />such waiver shall not constitute a waiver of any other or succeeding <br />breach of this Agreement, whether of the same or any other covenant, <br />condition or obligation. <br /> <br /> 17, Attorney's Fees. The prevailing party in any action brought <br />to enforce or construe the terms of this Agreement may recover from <br />the other party its reasonable costs and atorney's fees expended in <br />connection with such an action. <br /> <br /> 18. Scope of Agreement. This writing constitutes the entire <br />agreement between the parties relative to engineering services for <br />the project and modification hereof shall not be effective unless <br />and until such modification is evidenced by a writing signed by <br />both parties to this Agreement. <br /> <br /> THIS AGREEMENT executed the date and year first above written. <br /> <br /> CITY OF PLEASANTON <br /> <br />ATTEST: <br /> <br />James R. Walker, City Clerk <br />APPROVED AS TO FORM: <br /> <br />By: <br /> Kenneth R. Mercer, Mayor <br /> <br />LOWRY AND ASSOCIATES <br /> <br />By: <br /> <br />Peter D. MacDonald, City Attorney <br /> -6- <br /> <br /> <br />